>> THE FOLLOWING PROGRAM IS A PBS WISCONSIN ORIGINAL PRODUCTION.

>> IT IS THE ABSOLUTE HONOR OF A LIFETIME TO BE ELECTED AS YOUR NEXT JUSTICE ON THE WISCONSIN SUPREME COURT.

>> JANET PROTASIEWICZ WINS THE OPEN SEAT ON THE HIGH COURT IN A SPRING ELECTION THAT BROUGHT RECORD SPENDING AND RECORD TURN-OUT.

I'M FREDERICA FREYBERG.

TONIGHT ON HERE AND NOW, WISCONSIN HELD THE MOST IMPORTANT ELECTION OF 2023.

WE'RE BREAKING DOWN ALL OF THE RESULTS WITH REPORTER ZAC SCHULTZ AND SCOTT ROSS AND BILL McCOSHEN GIVE US THEIR PARTISAN TAKES.

IT'S HERE AND NOW FOR APRIL 7th.

>> FUNDING IS PROVIDED BY THE FOCUS FUND FOR JOURNALISM AND FRIENDS OF PBS WISCONSIN.

>> JANET PROTASIEWICZ WON A SMASHING 11-POINT VICTORY TUESDAY NIGHT, WINNING A SEAT ON THE WISCONSIN SUPREME COURT AND CREATING A NEW LIBERAL MAJORITY IN THE PROCESS.

JANET PROTASIEWICZ DEFEATED CONSERVATIVE DANIEL KELLY 55.5% TO 44.5% IN A RACE THAT SET SPENDING RECORDS AND TURNED OUT NEARLY TWO MILLION VOTERS STATEWIDE.

AS PART OF OUR ELECTION COVERAGE, ZAC SCHULTZ WAS AT THE PROTASIEWICZ PARTY ON ELECTION NIGHT AND HAS THIS STORY.

>> WELL, WISCONSIN, GUESS WHAT?

WE DID IT.

WE DID IT.

>> THE STAKES OF TUESDAY'S RACE FOR A SEAT IN THE WISCONSIN SUPREME COURT COULD NOT HAVE BEEN MORE CLEAR.

THE WINNER WOULD DETERMINE THE IDEOLOGICAL BALANCE OF THE COURT IN A RECORD $45 MILLION IN CAMPAIGN SPENDING, MADE SURE EVERYONE IN THE STATE KNEW ISSUES LIKE ABORTION AND REDISTRICTING WERE HANGING IN THE BALANCE.

>> FIRST, IT MEANS THAT WISCONSIN VOTERS HAVE MADE THEIR VOICES HEARD.

THEY'VE CHOSEN TO REJECT PARTISAN EXTREMISM IN THIS STATE.

>> JANET PROTASIEWICZ SPENT MOST OF THE CAMPAIGN TALKING ABOUT HER VALUES, MAKING IT CLEAR TO VOTERS HOW SHE FELT ABOUT ISSUES LIKE ABORTION, EVEN IF SHE DECLARED THAT THAT WOULD HAVE NO IMPACT ON HOW SHE MIGHT RULE ON THE CHALLENGE TO THE STATE'S 1849 ABORTION BAN.

>> OUR STATE IS TAKING A STEP FORWARD TO A BETTER AND BRIGHTER FUTURE, WHERE OUR RIGHTS AND FREEDOMS WILL BE PROTECTED.

>> THIS WAS THE SECOND BLOW-OUT LOSS FOR CONSERVATIVE DANIEL KELLY.

APPOINTED TO THE COURT IN 2016, HE BLAMED HIS LOSS IN 2020 ON TURN-OUT FOR THE DEMOCRATIC PRESIDENTIAL PRIMARY HELD ON THE SAME DAY.

THIS TIME, HE HAD NO ONE ELSE TO BLAME.

HE SPENT THE LATTER PART OF THE CAMPAIGN CALLING JANET PROTASIEWICZ A SERIAL LIAR AND REPEATED THOSE CLAIMS TUESDAY NIGHT AND DID NOT ATTEMPT TO LOOK GRACIOUS IN DEFEAT, EVEN REFUSING TO MAKE THE CUSTOMARY PHONECALL CONCEDING TO HIS OPPONENT.

>> I WISH THAT IN A CIRCUMSTANCE LIKE THIS I WOULD BE ABLE TO CONCEDE TO A WORTHY OPPONENT.

BUT I DO NOT HAVE A WORTHY OPPONENT TO WHICH I CAN CONCEDE.

>> AND I WILL BE A PART OF THE SOLUTION TO MAKE OUR SUPREME COURT, ALONG WITH MY SOON-TO-BE NEW COLLEAGUES.

>> MEANWHILE, PROTASIEWICZ COULD BARELY FINISH HER VICTORY SPEECH AS SHE WAS WELCOMED INTO THE NEW MAJORITY ON THE WISCONSIN SUPREME COURT.

>> THE RESULTS OF THIS ELECTION UPSET THE 15-YEAR CONSERVATIVE BALANCE OF POWER ON THE COURT.

ZAC SCHULTZ JOINS US FROM OUTSIDE THE SUPREME COURT CHAMBERS NOW AT THE STATE CAPITOL.

HI, ZAC.

>> HELLO, FRED.

>> SO THIS RACE SET A LOT OF RECORDS.

WHAT EXPLAINS THE HUGE WIN FOR PROTASIEWICZ?

>> WELL, I THINK YOU HAVE TO LOOK AT A NUMBER OF ISSUES, BUT CAMPAIGNS COME DOWN TO THE QUALITY OF THE CAMPAIGN.

PROTASIEWICZ GOT OUT EARLY, RAISED A TO HAVE BEEN MONEY AND SPENT A LOT OF MONEY AND YOU HAVE TO LOOK AT THE QUALITY OF THE CANDIDATES.

DAN KELLY HAS RUN AND LOST BEFORE.

THERE WERE A LOT OF NEGATIVES ASSOCIATED WITH HIM AND THEN YOU HAVE TO LOOK AT THE SALIENT ISSUES, AND CLEARLY ABORTION WAS ONE OF THE MOST IMPORTANT ISSUES THAT PEOPLE WERE CONNECTING TO THIS CAMPAIGN AND PROTASIEWICZ RAN ON THAT ISSUE.

AND I THINK ALL THREE OF THOSE MERGED TOGETHER FOR THE MARGIN OF VICTORY THAT WE SAW ON TUESDAY.

>> WHERE DID SHE MAKE GAINS AND KELLY TAKE LOSSES THAT WERE DIFFERENT FROM OTHER ELECTIONS?

>> WELL, CERTAINLY YOU FIRST HAVE TO LOOK TO THE WOW COUNTIES, THE WAUKESHA AND OTHER COUNTIES, THOSE SUBURBAN COUNTIES OUTSIDE OF MILWAUKEE.

FOR DECADES, THOSE HAVE BEEN REPUBLICAN STRONGHOLDS, WHERE GIVING SCOTT WALKER OVERWHELMING MAJORITIES KIND OF COUNTERING OUT THE LIBERAL STRONGHOLDS AND KIND OF LEAVING MOST ELECTIONS UP TO THE REST OF THE STATE.

WE'VE SEEN THE EROSION AT THE REPUBLICAN PARTY SINCE THE TOP OF THE BALLOT SINCE DONALD TRUMP CAME INTO OFFICE, SINCE THOSE ARE PACKED WITH EDUCATED WOMEN AND ISSUES LIKE ABORTION HAVE BECOME MORE AND MORE IMPORTANT, ESPECIALLY WITH THE DOBBS RULING OVERTURNING ROE VERSUS WADE, DEMOCRATS HAVE BEEN CAMPAIGNING ON THAT AND WE'RE SEEING CONTINUALLY SLIPPAGE OF WHAT WERE ONCE VERY STRONG REPUBLICAN STRONGHOLDS NOW BECOMING UP FOR GRABS OR AT LEAST NOT SO MUCH OF A BLOW-OUT FOR REPUBLICANS.

BUT IF YOU LOOK PAST THAT AND YOU GET OUTSIDE OF THE SOUTHEAST WISCONSIN, YOU CAN LOOK TO THE FOX VALLEY.

PROTASIEWICZ DID REALLY WELL IN BROWN AND ALLEGHENY, THE BOW COUNTIES THAT ARE IN THAT NEXT CLASS OF COUNTIES, AND THEN SHE EVEN DID WELL IN SOUTHWESTERN WISCONSIN.

WHEN DEMOCRATS DO WELL THERE, THEY WIN STATEWIDE.

THAT'S WHAT YOU'VE SEEN WITH PRIOR LIBERAL WINS FOR THE SUPREME COURT AND WITH TAMMY BALDWIN HAS HAD BIG VICTORIES IN HER SENATE RACES.

SHE'S DONE WELL IN THOSE PARTS OF THE STATE AS WELL.

>> WITH THE BIG ISSUES, AS YOU SAID, ABORTION AND REDISTRICTING, HOW SOON ARE SUCH CASES EXPECT TO FIND THEIR WAY TO THE SUPREME COURT?

>> WOH WELL, FOR ABORTION, THAT ISSUE IS AT A LOWER COURT ALREADY.

WE'VE SEEN THE EVERS ADMINISTRATION AND OTHER LAWSUITS AND THEY'VE BEEN SLOW PLAYING THAT.

THEY DIDN'T WANT THAT ISSUE TO GET UP TO THE COURT TOO FAST BECAUSE THEY WOULDN'T RULE IN THE WAY THEY HOPED THEY WOULD, AND SO NOW MAYBE THAT LAWSUIT PICKS UP STEAM, PERHAPS EVEN GET REACHED DOWN AND PICKED RIGHT UP TO THE SUPREME COURT ONCE THE NEW MAJORITY IS IN THERE IN AUGUST.

PROTASIEWICZ DOESN'T TAKE THE SEAT ON THE BENCH BEHIND ME UNTIL THEN, SO YOU'LL SEE THOSE START TO PERCOLATE THROUGHOUT THE SUMMER AND DEFINITELY INTO THE FALL.

AS FOR REDISTRICTING, WE'VE ALREADY HEARD REPORTS OF SOME OF THE LIBERAL LAW FIRMS STARTING TO PUT THEIR CASE TOGETHER FOR THEIR REASONS WHY THEY BELIEVE THAT IT'S AN UNCONSTITUTIONAL GERRYMANDER.

WE SAW THE BLUEPRINT FOR ONE POSSIBLE OVERTURNING REDISTRICTING IN THE LIBERAL DESCENT TO THE REDISTRICTING CASE LAST YEAR IN WHICH THE TIME THREE LIBERALS ON THE COURT SAID THAT THEY BELIEVE THAT THERE COULD BE A TRIAL HELD AND THE RESPONSE TO THE U.S. SUPREME COURT'S RULING ON WISCONSIN'S MATH.

SO EXPECT THOSE TO BE HAPPENING GOING FORWARD.

DEFINITELY THROUGH THIS FALL INTO THE WINTER.

FOR REDISTRICTING, THERE'S AN ELECTION IN 2024.

THOSE MAPS NEED TO BE IN PLACE BY THE SPRING SO THERE'S NOT A TON OF TIME FOR THESE BIG ISSUES TO COME BEFORE THE COURT AND THEN GET SETTLED.

>> THERE ARE OTHER SUPREME COURT ELECTIONS IN THE OFFING, NAMELY IN 2025, WHEN THE TERM OF LIBERAL JUSTICE ANN WALSH BRADLY IS UP.

>> ABSOLUTELY GOING TO RUN AGAIN.

I DO HAVE, BY THE WAY, I DO HAVE AN IDEA, AND IT IS, YES, AFTER TONIGHT'S PERFORMANCE AND SEEING THE ENERGY IN THIS ROOM, I'M NOT ONLY GOING TO RUN, I'M GOING TO WIN.

>> SO LIBERALS FEEL LIKE THEY ARE ON A NEW ROLL NOW.

IS THAT FAIR?

>> OH, ABSOLUTELY.

YOU LOOK AT THE PAST FEW ELECTIONS FOR THE SUPREME COURT, ASIDE FROM 2019, WHERE THAT WAS EXPECTED TO BE A LIBERAL WIN AND JUSTICE HAGEDORN WON BY JUST A FEW THOUSAND VOTES, LIBERALS HAVE BEEN WINNING BY LARGE MARGINS, 10-POINT MARGINS FOR THE LAST FEW RACES OUTSIDE OF THAT PARTICULAR ONE AND WE HAVE TO POINT OUT THAT NO PERSON EVER ELECTED TO THE SUPREME COURT HAS GONE AND LOST A RE-ELECTION.

THE ONLY TIME THAT A SITTING MEMBER HAS BEEN DEFEATED IN A RE-ELECTION IS WHEN THEY WERE APPOINTED.

THAT HAPPENED TO JUSTICE KELLY AND THAT HAPPENED TO LEWIS BUTLER BACK IN 2009, SO THE HISTORY OF ELECTED OFFICIALS IS QUITE STRONG WHEN IT COMES TO LOOKING FORWARD TO 2025, WHICH IS WHEN ANN WALSH BRADLY WOULD BE ON THE BALLOT AGAIN.

>> A PROCESS QUESTION.

AT THIS POINT, DOES ANN WALSH BRADLY DEFACTO BECOME CHIEF JUSTICE?

>> NO, SHE DOES NOT.

ACCORDING TO THE CONSTITUTIONAL AMENDMENT THAT WAS PASSED BY REPUBLICANS AND APPROVED BY VOTERS A COUPLE OF YEARS AGO, THE SUPREME COURT GETS TO ELECT THEIR OWN CHIEF JUSTICE.

RIGHT NOW THAT IS CONSERVATIVE ANNETTE ZIEGLER AND SHE WAS JUST RE-ELECTED RECENTLY.

HOW MUCH, THE SUPREME COURT GETS TO MAKE THEIR OWN RULES SO WHEN JANET PROTASIEWICZ BECOMES JUSTICE PROTASIEWICZ THIS SUMMER, THEY WILL HAVE A MAJORITY AND THEY COULD DECIDE THEY WANT TO TAKE A VOTE ON WHO THE CHIEF JUSTICE IS AT THAT TIME AND YOU WOULD EXPECT IF THAT HAPPENS, THAT IT WOULD BE ANN WALSH BRADLY WHO WOULD BECOME THE CHIEF AND THAT WILL BE UP TO THE COURT AT THAT TIME, IS THEY GET TO SET THEIR OWN RULES AND QUITE HONESTLY, THERE'S NO ONE ELSE TO APPEAL TO.

THEY ARE THE SUPREME COURT.

>> INDEED.

SO HAVING REPORTED ON THIS AS WELL, ZAC, YOU KNOW THAT ANOTHER BIG ELECTION TUESDAY WAS FOR THE STATE SENATE EIGHTH DISTRICT WITH A ON THE LINE N. A CLOSE RACE, DAN KOANDLE STOPPED JODI HAY BISHOP SINYKIN.

NOW, THE SUPERMAJORITY ALLOWS THE SENATE TO IMPEACH PUBLIC OFFICIALS.

DAN KNODLE SPOKE TO THAT OPPORTUNITY.

>> I REALLY COULD INVOLVE ANY OFFICIAL, PARTICULARLY ELECTED OFFICIALS, OUR GOVERNMENT OFFICIALS AS WELL, SO I WOULD THINK IT'S -- I VIEW IT INITIALLY AS ALL ENCOMPASSING.

>> SO DAN KNODLE SEEMS ALL IN ON IMPEACHING PEOPLE, BUT HOW SERIOUS IS THE REPUBLICAN MAJORITY ABOUT THOSE NEW POWERS?

>> WELL, THEY HAVE YET TO BE TESTED.

THIS HAS NOT BEEN A REALITY IN THE MODERN ERA OF WISCONSIN POLITICS.

DAN KNODLE WAS CAMPAIGNING AT THAT TIME.

HE WANTED THAT ISSUE TO BE SALIENT FOR THE VOTERS IN HIS AREA IS WHY HE SHOULD BE ELECTED.

THE QUESTION IS WHETHER THAT WOULD ACTUALLY HAPPEN.

THAT IS A BIG PROCESS.

IT'S NOT SOMETHING TO BE TAKEN LIGHTLY.

EVEN THOUGH REPUBLICANS HAVE 22 MEMBERS, THAT IS A HUGE MAJORITY AND NOT EVERY ONE OF THOSE MEMBERS SEEM TO BE ON BOARD AT THIS TIME.

WE'VE HEARD FROM SENATE MAJORITY LEADER SAY IMPEACHING PEOPLE AND THE WHOLE PROCESS RIGHT NOW IS UNCERTAIN LEGALLY.

SOME OF THOSE TERMS AREN'T DEFINED, WHICH WOULD SEEM TO BE LEANING BACK TO THE COURTS GETTING INVOLVED IF THEY WANTED TO GO THROUGH THIS PROCESS FOR ANYBODY.

>> SO IT COULD SPELL TROUBLE.

THEY WENT AHEAD WITH THAT.

ZAC SCHULTZ, THANKS VERY MUCH FOR YOUR COVERAGE THROUGH THESE ELECTION SEASONS.

>> THANKS, FRED.

>> AT THE BOTTOM OF TUESDAY'S BALLOT WERE TWO QUESTIONS POSED TO VOTERS TO AMEND THE STATE CONSTITUTION.

THE FIRST QUESTION ON EXPANDING CONDITIONS OF RELEASE PASSED WITH MORE THAN 66% VOTING YES.

THE SECOND QUESTION ON EXPANDING WHEN CASH BAIL CAN BE IMPOSED ALSO PASSED WITH MORE THAN 67% VOTING YES.

FOR SOME IN THE COURT SYSTEM, THIS WAS GOOD NEWS.

FOR OTHERS WHO OPPOSED THE MEASURES, THEY'RE WARNING OF THE CONSEQUENCES.

>> IT GOES BACK TO 2017, WHERE THIS WAS FIRST FLOATED TO AMEND THE WISCONSIN CONSTITUTION, REALLY GAINED MORE TRACTION AFTER THE WAUKESHA PARADE MASSACRE WITH DARRELL BROOKS.

>> THE TWO SIDES OF THE COURTROOM HAVE COME DOWN ON OPPOSING SIDES OF THE QUESTIONS THAT CAME BEFORE WISCONSIN VOTERS.

>> OUR WISCONSIN DISTRICT ATTORNEY'S ASSOCIATION HAS SUPPORTED THIS CONSTITUTIONAL AMENDMENT AND WE ARE VERY EXCITED THAT THE VOTERS OF WISCONSIN JOINED US IN OVERWHELMINGLY VOTING TO GIVE MORE FACTORS FOR OUR JUDGES TO LOOK AT WHEN SETTING CASH BAIL AS WELL AS SOME OF THE NON-MONETARY BAIL CONDITIONS, SO IT SHOULD HAVE A NETEFFECT OF MAKING WISCONSIN SAFER, BUT ALSO ENSURING THAT OUR JUDGES ARE ALL SETTING BAIL WITH THE SAME RULES.

>> WE DID SEEK AGAINST THE AMENDMENTS WHEN THEY WERE MAKING THEIR WAY THROUGH THE LEGISLATIVE PROCESS, REALLY OUR PRIMARY CONCERN WITH THEM IS THE EXPANDED ROLE THAT MONEY WOULD PLAY IN THE BAIL SYSTEM.

UNDER THE AMENDMENT, BECAUSE FUNDAMENTALLY, CASH IS NOT A GUARANTEE OF PUBLIC SAFETY AND THESE ARE GOING TO HAVE SIGNIFICANT IMPACT ON THE NUMBER OF INDIVIDUALS WHO ARE IN CUSTODY WHILE STILL PRESUMED INNOCENT.

>> OVERALL, THE AMENDMENTS PASSED WILL EXPAND THE CRITERIA JUDGES CAN CONSIDER WHEN SETTING PRETRIAL RELEASE CONDITIONS.

>> WHEN YOU LOOK AT WHAT CASH BAIL WAS FOR PRIOR TO THIS AMENDMENT, THE ONLY REASON IN THE WISCONSIN CONSTITUTION THAT ALLOWED FOR CASH BAIL WAS TO ASSURE A DEFENDANT'S APPEARANCE IN COURT AND NOW IT SAYS THAT WE LOOK AT THE DROWSINESS OF THE DEFENDANT, WE LOOK AT THE PRIOR CRIMINAL RECORD OF THE ACCUSED, WE LOOK AT THE DEFENDANT APPEARING IN COURT.

WE ALSO LOOK AT PROTECTING WITNESSES FROM SERIOUS HARM.

SO THERE ARE A NUMBER OF ADDITIONAL FACTORS THAT A JUDGE IS NOW ABLE TO LOOK AT TO DETERMINE IF CASH BAIL IS APPROPRIATE.

>> BY EXPANDING THE NUMBER OF CONSIDERATIONS, YOU TAKE AWAY THE ABILITY TO ARGUE THAT THIS PERSON WILL SHOW UP IN COURT IN THE FUTURE AND THAT LIMITS THE ABILITY TO ARGUE AGAINST CASH BAIL.

>> THE USE OF CASH FOR S.P.D.

CLIENTS WHO ARE BY DEFINITION POOR, EVEN LOW CASH BAIL AMOUNTS OF $250, $500, COULD BE ENOUGH TO KEEP THEM IN JAIL, AND SO WHEN WE INCREASE THE ROLE OF CASH AND NUMBER OF SITUATIONS IN CASES WHERE IT'S USED, WE'RE GOING TO SEE AN INCREASE IN THE NUMBER OF PEOPLE WHO CAN'T AFFORD TO PAY THAT CASH BAIL AND WHO ARE HELD IN CUSTODY.

>> I'VE HAD JUDGES THAT WILL ASK SOMEBODY, HOW MUCH MONEY DO YOU HAVE IN YOUR POCKET RIGHT NOW?

$10.

OKAY.

THAT'S WHAT WE'RE GOING TO ORDER FOR CASH.

THERE ARE TIMES WHERE WE'LL MAKE A REQUEST FOR 25, 50, MAYBE A HUNDRED DOLLARS, WHERE IT'S SOMETHING THAT WE BELIEVE A DEFENDANT MIGHT BE ABLE TO POST, BUT WE ALSO UNDERSTAND THAT COULD BE A SIGNIFICANT AMOUNT OF MONEY FOR THAT PARTICULAR DEFENDANT, DEPENDING ON THEIR CIRCUMSTANCES, BUT IT DOESN'T REQUIRE A JUDGE TO ORDER CASH BAIL AND THERE ARE ALREADY PROTECTIONS IN OUR LEGAL SYSTEM FOR DEFENDANTS WHO HAVE CASH BAIL ORDERED.

IT'S ALSO THOSE NON-MONETARY CONDITIONS THAT THE -- ONE OF THE AMENDMENTS ADDRESSED TO LOOK AT SERIOUS HARM, NOT JUST WHAT WAS PREVIOUSLY SERIOUS BODILY HARM.

SO THERE ARE OTHER FACTORS THAT JUDGES NOW GET TO LOOK AT WHEN -- IF THEY'RE NOT GOING TO ORDER CASH, NOW THE JUDGES HAVE AN EXPANDED ABILITY TO LOOK AT THE HARM THAT MIGHT BE ECONOMIC, EMOTIONAL, OTHER TYPE OF POTENTIAL HARM THAT COULD BE CAUSED.

>> THE LIST IS BEYOND WHAT I THINK MOST PEOPLE WOULD CONSIDER TO BE VIOLENT.

IT INCLUDES CRIMES SUCH AS DISORDERLY CONDUCT, IF YOU HAVE A KNIFE OR OTHER LOW LEVEL OFFENSES THAT RIGHT NOW ARE NOT EVEN OFTEN CHARGED.

>> THE MOST IMPORTANT THING TO UNDERSTAND IS KEEPING AN EYE ON THE IMPACT ON PUBLIC SAFETY.

AS I SAID, THE RESEARCH AND EVIDENCE SUGGESTS THAT WE WON'T SEE A DECREASE IN CRIME RATES AS A RESULT OF THIS.

IN FACT, THERE MAY BE A SLIGHT UPTICK.

THAT'S ALSO WHY THE RESEARCH SHOWS THAT A BETTER MODEL IS ONE THAT IS BASED ON RISK ASSESSMENT AND NOT THE RULE OF CASH BAIL.

THERE'S GOING TO BE A REALIZATION IN THE VERY NEAR FUTURE THAT THIS HAS SIGNIFICANT IMPACT ON COST TO COUNTIES IN TERMS OF INCREASED JAIL POPULATION.

>> PROBABLY IT MAY BE HARD TO SEE EXACTLY HOW THIS PLAYS OUT IN DIFFERENT COUNTIES AND YOU MIGHT BE ABLE TO LOOK AT JAIL POPULATION TO SEE IF A COUNTY IS EXPERIENCING A HIGHER NUMBER OF DEFENDANTS PRETRIAL IN JAIL, THAT A NUMBER THAT CERTAINLY CAN BE LOOKED AT, BUT YOU CAN'T LOOK AT THAT IN ISOLATION BECAUSE SOMETIMES THERE CAN BE AN UPTICK IN CRIME THAT COULD BE RESPONSIBLE FOR THAT OR IT COULD BE THAT CASES ARE TAKING LONGER TO RESOLVE BECAUSE OF OTHER ISSUES.

>> NOW WE HAVE TO WAIT AND SEE HOW THIS HAS PRACTICAL IMPACT DAY TO DAY, COUNTY-BY-COUNTY, JUDGE-BY-JUDGE, AND TRY AND FIGURE OUT WHAT SOME OF THOSE PRACTICAL IMPACTS ARE.

AND THEN THAT OTHER QUESTION TO ASK IS, YOU KNOW, WHEN THE COUNTY BOARDS ARE CONSIDERING THE BOND EACH SUMMER AND FALL WHEN THOSE COSTS GO UP AND THE TAXPAYERS ARE ASKED TO SHOULDER THAT BURDEN, IS THIS HOW YOU WANT YOUR TAX DOLLARS BEING SPENT, IS IT HAVING THE INTENDED EFFECT?

>> RESULTS OF THE MAIN CHOICE ON THE BALLOT LEFT A JUBILANT WINNER AND AN ANGRY LOSER.

THIS SHIFTS THE BALANCE OF THE COURT TO A LIBERAL MAJORITY.

MUCH WATCHED RESULT WITH POLITICAL IMPLICATIONS GOING FORWARD.

FOR MORE, WE CHECK IN WITH OUR POLITICAL PANELIST DEMOCRAT SCOTT ROSS AND REPUBLICAN BILL McCOSHEN AND THANK YOU FOR BEING WITH US.

>> GOOD TO BE HERE.

>> THANK YOU FOR HAVING US.

>> FIRST, I WANT TO ASK ABOUT DANIEL KELLY'S CONCESSION SPEECH.

WHAT ARE YOUR THOUGHTS ON THAT, BILL?

>> WELL, YOU WANT TO WIN WITH GRACE AND HUMILITY AND LOSE WITH CLASS AND HUMILITY AND HE DID NOT DO THAT.

I MEAN, WHEN YOU LOSE BY 11 POINTS, THAT'S A LANDSLIDE IN THE STATE OF WISCONSIN.

YOU NEED TO BE A LITTLE MORE HUMBLE.

I THINK IT WAS INSULTING TO ALL THE PEOPLE THAT WORKED SO HARD FOR HIM, FOLKS THAT DONATED TO HIM.

I MEAN, THAT'S A REPRESENTATION ON THEM, TOO, AND HE DIDN'T THINK ABOUT THAT.

YOU'VE GOT TO LOSE WITH CLASS.

>> WHEN YOU SAW THAT, WHAT DID YOU THINK?

>> I THOUGHT IT'S THE FACE OF THE REPUBLICAN PARTY RIGHT NOW BECAUSE IT HAS BEEN DECISIVE AND EXTREME.

HE IS THE EMBODIMENT OF WHERE THE REPUBLICAN HAS GONE.

IT'S NOT WHERE BILL'S AT.

IT'S THE TRUMP, THE DeSANTIS, THE DIVISION, JUST THE REJECTION OF WHAT HAVE BEEN NORMS IN BOTH POLICY AND POLITICS.

>> SO, BILL, THIS WAS AN 11-POINT WIN, AS YOU POINTED OUT.

THAT WAS A TROUNCING.

WHAT EXACTLY HAPPENED?

>> WELL, IT WAS TWICE AS BAD AS HIS LAST RACE IN 2020.

HE LOST BY ABOUT 110,000 VOTES A COUPLE OF YEARS AGO AND THIS ONE WAS MORE LIKE 225,000.

I THINK MONEY WAS A FACTOR AND THERE ARE DIFFERENT TYPES OF MONEY.

THE MONEY THAT JANET PROTASIEWICZ WAS ABLE TO RAISE IN HER CAMPAIGN GOES FURTHER BUYING MORE CAMPAIGN ADS.

SHE HAD WAY MORE POINTS THAN HE DID.

HE ALWAYS STRUGGLED TO RAISE MONEY.

JOHN RAISED TWICE AS MUCH MONEY AS HE DID IN THE PRIMARY AND HE NEVER PICKED IT UP IN THE GENERAL, SO SHE HAD A HUGE ADVANTAGE ON THE TYPES OF ADS SHE COULD SEE BUY AND AT WHAT RATE.

THINGS SEEMED A LITTLE BIT EQUAL AS IT RELATED TO THIRD PARTIES, BUT THOSE ADS ARE FAR MORE EXPENSIVE AND THE CANDIDATE DOESN'T CONTROL THOSE MESSAGES, SO HE WAS OUTMANNED AND OUT-MONEYED.

>> WAS IT ABOUT THE MONEY?

>> I THINK IT'S FOUR THINGS.

LET ME SAY THAT BILL REMINDS US, YOU KNOW N-TALKING ABOUT KELLY'S LAST LOSS, THAT SINCE 2016, DEMOCRATS HAVE WON 15-OF-18 STATEWIDE ELECTIONS.

THIS IS A TREND.

THEY WON THE 2018 SUPREME COURT SEAT, 55-TO-45, AND THEY WON THE ONE IN 2020, THE SAME.

IT'S GONE FROM 110,000 TO 250,000 TO 200,000.

THE TRENDS ARE NOT RIGHT FOR THE REPUBLICANS BOTH IN THE TURN-OUT IN PLACES LIKE DAN COUNTY AND MILWAUKEE COUNTY, INTLOW IN THE WOW COUNTIES.

JANET PROTASIEWICZ WON THE CITY OF WAUKESHA, THE PLACE WHERE SCOTT WALKER HAD 73% IN 2014.

BUT, AGAIN, THE DEMOCRATS, THEY HAVE THE MONEY, THEY HAVE THE MESSAGE, THEY HAVE THE MACHINE, AND THEY HAVE THE MOTIVATION AND THAT'S GOING TO WIN ELECTIONS.

>> WHAT KIND OF A WAKE-UP CALL IS THIS FOR REPUBLICANS?

ARE REPUBLICANS NOW ON THE WRONG SIDE OF THE BARK ISSUE PLOTICAL?

>> THEY'RE ON THE WRONG SIDE OF THE ISSUE.

THERE WERE THREE STATE REFERENDUM ON THE BALLOT TWO.

RELATED TO BAIL, CASH BAIL.

ONE PASSED WITH 67%.

THE OTHER HAD 68%.

THEN THERE WAS A REFERENDUM QUESTION ADVISORY ON ABLE-BODIED CHILDLESS ADULTS WORKING.

THAT PATH WITH 80%.

ALL 72 COUNTIES VOTED FOR THOSE THREE REFERENDUM, INCLUDING DANE AND MILWAUKEE.

WE'RE RIGHT ON THE ISSUES.

WE HAVE TO DO A BETTER JOB ON CANDIDATE SCREENING.

>> YOU'RE NOT GOING TO WIN A STATE-WIDE ISSUE ON ANY OF THE THREE THINGS HE'S TALKING ABOUT, BUT ON ABORTION IT'S GOING TO BECAUSE IT HITS PEOPLE HARD.

IT'S NOW A DISQUALIFY -- TO BE ON THE REPUBLICAN SIDE IN STATEWIDE ELECTIONS IS DISQUALIFYING.

IN THE LAST SEVERAL YEARS, SAVE FOR ONE.

SAVE FOR RON JOHNSON.

NOT ONLY IS IT TOXIC IN PLACES LIKE DANE COUNTY AND MILWAUKEE, BUT JANET WON THE THIRDS CONGRESSIONAL DISTRICT, THE FIRST CONGRESSIONAL DISTRICT SOUNDLY.

SHE WON IN PLACES LIKE THE FRENCH QUARTER, EAU CLAIRE AND LACROSSE, 64% IN BOTH OF THOSE COUNTIES.

REPUBLICANS ARE IN A LOT OF TROUBLE IF THEY DON'T CHANGE.

I DON'T THINK THEY'RE GOING TO.

>> KELLY LET PROTASIEWICZ DEFINE HIS POSITION ON ABORTION.

VOTERS NEVER KNEW WHAT HIS POSITION WAS ON ABORTION IF YOU'RE GOING TO BE PRO-LIFE, THAT'S FINE, BUT YOU HAVE TO BE PROACTIVE.

YOU CAN'T LET YOUR OPPONENT DEFINE YOU ON ISSUES SUCH AS THAT AND IT WAS A HUGE PROBLEM FOR KELLY, NO QUESTION ABOUT IT.

>> SCOTT, DOES THIS KIND OF SPELL THE TURN FROM THE SCOTT WALKER ERA?

>> WITHOUT A DOUBT, ABSOLUTELY, 100%.

GIVEN WHERE THE REPUBLICANS ARE ON ABORTION, AND GIVEN WHERE THE PUBLIC IS AND HOW THEY SEE THE SUPREME COURT BEING THAT A TO B LINE, BECAUSE THE OVERTURNING OF THE 1849 BAN WHEN IT HAPPENS, THAT'S GOING TO BE INVOLVED IN THE SUPREME COURT ELECTIONS FROM NOW UNTIL THE NEXT 10 YEARS SO WE'VE GOT ONE'S UP IN 25, TWO REPUBLICANS UP IN 26 AND 27.

AFTER 27, DEMOCRATS COULD IN THEORY HAVE SIX OF THE SEVEN SUPREME COURT SEATS.

>> WE SORT OF RUN THROUGH WALKER-BACKED CANDIDATES WITH REBECCA CLAY FISH AND NOW DANIEL KELLY, BUT NOW HIS POLICIES ARE GOING TO BE UP FOR GRABS IN THE NEW SUPREME COURT.

WHEN JANET PROTASIEWICZ GETS INVESTED IN AUGUST, THERE'S TWO YEARS WHERE PROGRESSIVES WILL HAVE FULL CONTROL OR THE MAJORITY ON THE WISCONSIN SUPREME COURT AND A LOT OF HIS POLICIES MIGHT BE ON THE LINE.

>> BILL, SCOTT WALKER SAYS THAT UW MADISON HELPED DANE COUNTY'S NUMBERS BECAUSE HE SAYS, QUOTE, LIBERALS ARE INDOCTRINATING YOUNG PEOPLE AND TURNING THEM OUT TO VOTE.

WHAT'S YOUR RESPONSE TO THAT?

>> MY RESPONSE IS DANE COUNTY HAS BEEN A PROBLEM FOR REPUBLICANS FOR 20 YEARS.

WE FINALLY HAVE NEW LEADERSHIP.

NAPOLI IS GOING TO DO A VERY GOOD JOB.

I'M ENCOURAGED BY THE NEW LEADERSHIP IN DANE COUNTY, BUT WE'RE A WAYS BEHIND WHERE DEMOCRATS ARE.

THEY HAVE FIGURED OUT THAT THEY CAN HARVEST MORE VOTES HERE IN DANE COUNTY THAN ANY OTHER COUNTY IN THE STATE AND BUILD UP A MASSIVE ADVANTAGE.

JANET PROTASIEWICZ HAD 153,000 VOTE ADVANTAGE JUST IN DANE COUNTY.

IT'S GOING TO TAKE SOME TIME TO FIX IT FOR REPUBLICANS.

MESSAGE MATTERS, CANDIDATES MATTER, AND IT'S GOING TO TAKE SOME TIME.

>> JANET WON 12 COUNTIES THAT HAVE UW CAMPUSES.

THE REASON THAT PEOPLE AREN'T VOTING IS BECAUSE SCOTT WALKER WANTS TO RAISE MONEY FOR ITS NEW OPERATION.

IT'S BECAUSE REPUBLICANS ARE WRONG ON THE ISSUES OF ABORTION, TRANSGENDER, RIGHTS, VOTING, EDUCATION ALL ACROSS THE BOARD.

>> A MINUTE LEFT.

WHAT ARE THE IMPLICATIONS FOR 2024?

>> THE IMPLICATIONS ARE THAT WHAT'S HIS NAME DERIC VAN HORTON AND BRIAN STYLE BETTER WATCH OUT BECAUSE IT SOUNDS LIKE THEY MIGHT BE GOING OUT IF D.C.

INVESTS IN WISCONSIN ELECTIONS, WE'RE GOING TO WIN.

WE'VE PROVEN IT TIME AND TIME AGAIN.

YOU PUT THE MONEY IN, WE GET THE RIGHT CANDIDATES, WE WIN THE ELECTIONS.

>> TOO SOON TO TELL.

WE NEED A DIFFERENT CANDIDATE AT THE TOP OF THE TICKET OTHER THAN DONALD TRUMP IF WE WANT TO WIN IN THE SUNBURNS.

YOU EVER TO WIN THE BOW AND THE WOW COUNTIES.

JANET PROTASIEWICZ WON ALL THREE OF THE BOW COUNTIES AND SHE CUT THE 345R7B8GS IN THE WOW SIGNIFICANTLY.

WE NEED A DIFFERENT CANDIDATE AT THE TOP OF THE TICKET.

AT THE LEGISLATIVE LEVEL, JUST KEEP PASSING PROACTIVE POLICIES THAT VOTERS RESPOND TO AND I THINK THAT FORMULA WORKS.

>> 27 COUNTIES SHE WON INCLUDING SOUTHWEST AND SOUTH CENTRAL PART OF THE STATE, 27 COUNTIES.

>> WE NEED TO LEAVE IT THERE.

SCOTT ROSS, BILL McCOSHEN, THANK YOU.

WITH SPRING ELECTIONS OVER, STATE LAWMAKERS TURN THEIR ATTENTION TO CRAFTING THE NEW TWO-YEAR STATE BUDGET.

AFTER GOVERNOR TONY EVERS RELEASED HIS BUDGET PROPOSAL IN FEBRUARY, REPUBLICAN LEGISLATORS ARE NOW BUILDING THEIR OWN EXPECTED PLAN WORKING WITH A $7 BILLION SURPLUS.

MORE THAN 1,500 PEOPLE SHOWED UP WEDNESDAY AS THE LEGISLATURE'S BUDGET WRITING COMMITTEE HELD ITS FIRST LISTENING SESSION.

MANY OF THOSE TESTIFYING BEFORE THE COMMITTEE CAME SEEKING MORE MONEY FOR K THROUGH 12 EDUCATION.

>> HAVING NO INCREASE ON THE PER PUPIL REVENUE LIMIT FOR THE LAST TWO SCHOOL YEARS HAS BEEN EXTREMELY CHALLENGING, ESPECIALLY DURING A TIME WHEN WE'VE HAD TO REACT TO EXTREME INFLATION RATES, STAFF SHORTAGES, AND NAVIGATE A SAFE RETURN TO SCHOOL IN THIS GLOBAL PANDEMIC.

HAVING NO INCREASE IN THE REVENUE LIMIT DURING A TIME WHEN WE NEEDED IT THE MOST HAS CAUSED US TO RELY ON ONE-TIME DOLLARS AND THESE DOLLARS ARE RUNNING OUT.

>> I WAS PLEASED TO KNOW THAT I HAD FOUND AN EDUCATION FACILITY THAT MET MY NEEDS FOR MY SON AND MY NEEDS AS A PARENT AS WELL.

I FOUND IT WITHIN MY COMMUNITY.

I ASK THAT YOU SUPPORT CLOSING THE FUNDING GAP ACROSS ALL SECTORS OF EDUCATION IN THE STATE OF WISCONSIN SO THAT OUR SCHOOLS CAN CONTINUE TO CLOSE THE ACHIEVEMENT GAP THAT HAS PLAGUED OUR CITY.

>> THE JOINT FINANCE COMMITTEE WILL HOLD THREE MORE PUBLIC LISTENING SESSIONS ON THE STATE BUDGET LATER THIS MONTH IN EAU CLAIRE, WISCONSIN DELLS AND MINUMINUMINOQUA.

CLICK ON THE NEWS TAP.

THAT'S OUR PROGRAM FOR TONIGHT.

I'M FREDERICA FREYBERG.

HAVE A GOOD WEEKEND.

FUNDING FOR HERE AND NOW IS PROVIDED BY THE FOCUS FUND FOR JOURNALISM AND FRIENDS OF PBS WISCONSIN.